QUESTION
is it possible to get an extension on the statute of limitations?
Asked on Oct 21st, 2017 on Domestic Violence - Utah
More details to this question:
4 years ago in 4 days I was physically assulted by my father (not sexually). He choked me out with one hand and hit my head with his other hand repeatedly. He wouldn't let me leave the roomicsuntil I called the police. He threw me onto my bed where he crouched down in front of me and began saying the most horrible things (I have completely blocked all of what I heard him say out, it was that bad),, but just things about how I'm not good enough, who was going to come save me now, etc all the while my mother was in the next room too weak to help. I was 24 at the time living at home because my mother was dying of cancer. He also grabbed my arms as I was plugging my ears as best as I could and began hitting me again. every time I would try to leave the room he wouldn't let me until,like I said, I called the cops. He finally left the room and shut himself in his room. i was forced to leave, as I had no other choice because my father was caring for her. So no arrest. Can I still fight this?
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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Based on what you say, the answer is no.
You were not a minor at the time of the event, and you provide no evidence of psychologically blocking out the event (the blocking would require medical evidence to prove).
In that light, I see no basis for extending the statute of limits. That means that you need to file your case immediately. You need to get with an experienced attorney asap.
Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
David R. Hartwig
801-486-1715
Answered on Oct 21st, 2017 at 9:41 AM